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Poster: cooperway4 Date: Jan 6, 2011 3:17pm
Forum: feature_films Subject: Re: Please remove

According to 17 U.S.C. § 104A, for a work to be eligible for a restored copyright it must be restored. The versions of the films you listed do not appear restored in any fashion.

Note the definition of restored copyright under 17 U.S.C. § 104A(h)(5) The term “restored copyright” means copyright in a restored work under this section.

Therefore the copies of these movies posted on the Archives are in the public domain in the U.S.

This post was modified by cooperway4 on 2011-01-06 23:16:44

This post was modified by cooperway4 on 2011-01-06 23:17:48

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Poster: cooperway4 Date: Jan 6, 2011 4:13pm
Forum: feature_films Subject: Re: Please remove

I just previewed Blue Angel and it is the restored version.

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Poster: Mystic550 Date: Jan 6, 2011 5:25pm
Forum: feature_films Subject: Re: Please remove

I think Metropolis was uploaded based on the U.S. court decision stated here in this post.

http://www.archive.org/post/259617/metropolis-is-back-in-the-public-domain

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Poster: cooperway4 Date: Jan 6, 2011 6:27pm
Forum: feature_films Subject: Re: Please remove

Drat, you beat me to it. I posted that above before I got down to here. Once in the public domain always in the public domain. But the application of the law was already in violation of 17 U.S.C §104 which applies only to restored works.

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Poster: Video-Cellar Date: Jan 6, 2011 4:03pm
Forum: feature_films Subject: Re: Please remove

In this case the word "restored" refers to the restoration of the copyright not the restoration of the movie. Foreign films that qualified for GATT were automatically restored to copyright. They did not need to register for the new protections.

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Poster: cooperway4 Date: Jan 6, 2011 4:08pm
Forum: feature_films Subject: Re: Please remove

Note the definition of restored copyright under 17 U.S.C. § 104A(h)(5) The term “restored copyright” means copyright in a restored work under this section.


According to that you're wrong. Where do you get your basis for that interpretation. Can you reference any statement to the contrary?

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Poster: Video-Cellar Date: Jan 6, 2011 4:15pm
Forum: feature_films Subject: Re: Please remove

"a work restored under this section" It is in that sentence.
What part of that section restores movies? None of it.
What part of that section restores copyrights? All of it.

but you can always look at the copyright offices informative circular on GATT/URAA copyright restoration here

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Poster: cooperway4 Date: Jan 6, 2011 6:26pm
Forum: feature_films Subject: Re: Please remove

17 U.S.C C92,App III, §102 (a)(1) United States law to prevail in conflict. - No provision of any of the Uruguay Round Agreements, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect.

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Poster: Video-Cellar Date: Jan 7, 2011 3:38am
Forum: feature_films Subject: Re: Please remove

Basically this means that, where there is conflict between the foreign and US terms of copyright, the US terms prevail. This effectively means that the US term is used to calculate the length of copyright in the US, so the US copyright might be longer or shorter than the source country term.

The implemented provisions are automatically consistent with US law simply because they have been integrated into US law and further because have successfully beaten a number of constitutional challenges. Therefore, these provisions (ie the restoration of the copyright in the works in question) should prevail over all other international laws, agreements and treaties under the terms of the section you quoted.



This post was modified by Video-Cellar on 2011-01-07 11:38:28

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Poster: cooperway4 Date: Jan 7, 2011 3:19am
Forum: feature_films Subject: Re: Please remove

hmm, I don't think you're gonna find a definition of 'any' in the statutes.

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Poster: Video-Cellar Date: Jan 7, 2011 3:36am
Forum: feature_films Subject: Re: Please remove

The law doesn't need a definition of 'any' to prove that it is not doing what you are attempting to say it is doing.

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Poster: cooperway4 Date: Jan 6, 2011 4:53pm
Forum: feature_films Subject: Re: Please remove

Don't tell me you cannot comprehend, "The term “restored copyright” means copyright in a restored work under this section."?

It simply means that in the section that all uses of the term “restored copyright” means copyright in a restored work.

In fact the section is entitled § 104A. Copyright in restored works.

Also, § 104A (1) (a) (A) Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of restoration.

To even think for a moment that there is any implication that the law restores a film is absurd.

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Poster: Video-Cellar Date: Jan 6, 2011 8:58pm
Forum: feature_films Subject: Re: Please remove

A "restored work" or the "restored work" refers to a work that has had it copyright restored by that section of the copyright act. It does not refer to any particular version of the work - just the complete work itself that has had its copyright restored under the Act.

You clearly aren't understanding the legislation.

This post was modified by Video-Cellar on 2011-01-07 04:58:22

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Poster: cooperway4 Date: Jan 7, 2011 2:52am
Forum: feature_films Subject: Re: Please remove

17 U.S.C C92,App III, §102 (a)(1) United States law to prevail in conflict. - No provision of any of the Uruguay Round Agreements, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect.

Well beside the fact this law is ex post facto and violates equal protection, it is also inconsistent with current copyright law which makes it all null and void.

But I do clearly understand that. The enactment of Pub. L. No. 103-465 was a the application of such a provision to this circumstance. And it seems a Federal judge agrees with that. And even though popular opinion may have been wrong as to the definition of 'restored works' (as pointed out in that blog link about One-Eyed Jack), it is obvious that you've read a lot of this for the first time as well. Maybe we should both rely on actual sources rather than poor interpretations found on sites like wikipedia, which by the way states that M and Metropolis are in the public domain. That being the case coupled with this poorly written law is enough to absolve anyone of copyright infringement as they would not be willfully infringing as there are enough references dated after 1996 that claim these movies are public domain so as to be public knowledge.

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Poster: Video-Cellar Date: Jan 7, 2011 3:41am
Forum: feature_films Subject: Re: Please remove

I am not getting my information from wikipedea, but from years of studying these laws.

The fact that wikipedia or popular opinion lists a film as PD does not replace good due diligence practice. Wikipedia is not a good or valid source for copyright research. Ignorance of copyright status is not a valid defence against copyright infringement, especially when the owners of the copyright have done all they legally have to do to make their ownership known.

When people are going to use work without authorisation, they should do some diligent, documented copyright research or get proper advice. I don't understand how any company that uses these films commercially can be covered by any sort of IP insurance if they disregard the need for due diligence and prefer to rest on naive and scewered readings of the law. If they are not covered, they are simply asking for trouble.